In Re Millsap

Pursuant to notice, respondent Bar Association presented its motion that the appeal be dismissed on the ground that appellant had failed to file transcript on appeal within the time provided by law. It is true that no reporter’s transcript has been filed, but appellant did, on the twenty-first day of August, 1925, file a duly certified clerk’s transcript, which contains the judgment-roll, together with the notice of appeal and notice demanding a transcript of the testimony. On a record so made respondent is not entitled to a dismissal of the appeal, since it may be that appellant relies upon…